|
|
After a wait of more than a year, the Minister of Communications and Information issued Regulation No. 20 of 2016 on the Protection of Personal Data in Electronic Systems ("PDP Regulation") on 1 December 2016. The PDP Regulation, which puts into effect Article 15(3) of Government Regulation No. 82 of 2012 on Electronic Systems and Transactions, sets out the rules governing the protection of personal data that are stored in electronic form.
Click here to read our client update.
The House of Representatives recently enacted a number of important amendments to the Electronic Information and Transactions Law 2008, which has been a source of considerable controversy since it was first placed on the statute books. The amendments address five principal issues: (i) Cyber defamation; (ii) Right to be Forgotten or Right of Erasure; (iii) Admissibility of electronic evidence; (iv) Government supervision; and (v) Investigation of Suspected Offences.
Click here to read our client update discussing these five issues in some detail.
On 14 December 2016, the Constitutional Court once again ruled on the constitutionality of the Electricity Law. The Court's ruling came in response to a petition brought by two employees of PT PLN (Persero), the state electricity utility, in their capacities as labor union representatives. This Update provides a summary and analysis of the Court's decision.
Click here to read our client update.
In a landmark decision (the "Decision") handed down by the full bench of nine justices of the Constitutional Court, the Court amended certain provisions of the Marriage Law so as to recognize the validity of post-nuptial agreements for the first time in Indonesia, while simultaneously upholding a number of provisions of the Agrarian Law that abrogate the rights of Indonesian citizens in transnational marriages to hold Hak Milik (the Indonesian equivalent of freehold) and other real property rights that are prohibited to non-Indonesians.
Click here to read our client update on this.
Further to the Government's eleventh economic stimulus package, which was launched on 29 March 2016, a new Government Regulation was issued on 17 October 2016 (the "New Regulation") to reduce the income tax chargeable on the transfer of real estate to a designated Collective Investment Contract (Kontrak Investasi Kolektif / "KIK") focused on real estate (the Indonesian equivalent of the real estate investment trust / "REIT") to 0.5% final tax from the previous normal income tax rate of 25% for corporate transferors or progressive tax of up to a maximum of 30% for individual transferors.
Click here to read our client update.
Law No. 20 of 2016 on Trademarks and Geographical Indications came into effect on 25 November 2016. The key features of the new legislation may be summarized as follows:
- Revises the definition of trademarks to incorporate three new non-traditional trademark elements: three-dimensional logos or pictures, sounds and holograms.
- Sets out a new definition of "geographical indication" as any information that indicates a product's place of origin and/or how various geographical factors which relate to this place of origin have contributed to the particular characteristics, reputation and quality of the product in question (specifically elements which derive from nature, culture or a combination of both).
- Revises a number of provisions which relate to the registration of trademarks, including: 1) All registration applications must now be submitted to the Ministry of Law and Human Rights (instead of to the Directorate General of Intellectual Property Rights) either via the online system or manually; 2) Such applications must include information on the classification of the registered products; 3) Re-examination procedures have now been eliminated from the registration process.
Ministry of Energy and Mineral Resources Regulation No. 35 of 2016, which entered into force on 11 November 2016, allows private companies to develop domestic oil refineries. Fuel that is produced by such refineries must be prioritized for domestic needs first. However, it may be sold directly to domestic end users, provided that the private company in question first secures a General Trading License (Izin Usaha Niaga Umum).
Ministry of Trade Regulation No. 82/M-DAG/PER/12/2016, which is effective from 1 January 2017 to 31 December 2019, sets out the types of iron, steel, alloy steel and other derivative products thatn can be imported to Indonesia, as listed in the Appendix to the regulation.
Importers of such products are required to secure import approval from the Ministry by submitting an application to the Director General of Foreign Trade.
Ministry of Finance Regulation No. 172/PMK.010/2016, which entered into force on 14 November 2016, provides 100% exemptions from Land-and-Building Tax during the exploration stage of geothermal operations for geothermal businesses that they satisfy the following criteria: 1) are in possession of a valid geothermal license that was issued after Law No. 21 of 2014 on Geothermal Activities came into force; 2) have submitted a Taxable Object Notification (Surat Pemeritahuan Objek Pajak/SPOP) and; 3) have enclosed a recommendation from the Ministry of Energy and Mineral Resources confirming that the business is still in the exploration stages.
Such exemptions are valid for five years upon the issuance of a business license and may be extended for two more years, provided that the business in question is still at the exploration stage.
Ministry of Transportation Regulation No. PM 130 of 2016, which entered into force on 18 October 2016, amends Ministry of Transportation Regulation No. PM 74 of 2015 on the Organization and Operation of Transportation-Management Services. The key changes are as follows:
- Reduces the minimum authorized-capital requirement for the establishment of transportation-management service companies from IDR 25 billion to IDR 2 million.
- Reduces the minimum-investment requirement for the establishment of joint-venture transportation-management service companies through foreign direct investment (FDI) schemes from USD 10 million to USD 4 million.
Please note that whilst the information in this Update is correct to the best of our knowledge and belief at the time of writing, it is only
intended to provide a general guide to the subject matter and should not be treated as a substitute for specific professional advice.
|
|
Assegaf Hamzah & Partners
Jakarta Office
Level 36 & 37, Capital Place
Jalan Jenderal Gatot Subroto Kav 18
Jakarta 12710, Indonesia
Surabaya Office
Pakuwon Center, Superblok Tunjungan City
Lantai 11, Unit 08
Jalan Embong Malang No. 1, 3, 5,
Surabaya 60261, Indonesia
http://id.rajahtannasia.com
Contacts: Ahmad Fikri AssegafSenior Partner/Co-FounderD +62 21 2555 7800 F +62 21 2555 7899 ahmad.assegaf@ahp.co.idBono Daru AdjiManaging PartnerD +62 21 2555 7800 F +62 21 2555 7899 bono.adji@ahp.co.idChandra M HamzahPartnerD +62 21 2555 7800 F +62 21 2555 7899 chandra.hamzah@ahp.co.idEri HertiawanPartnerD +62 21 2555 7800 F +62 21 2555 7899 eri.hertiawan@ahp.co.idIbrahim Sjarief AssegafPartnerD +62 21 2555 7800 F +62 21 2555 7899 ibrahim.assegaf@ahp.co.id
Rajah & Tann Singapore LLPContacts: Hamidul HaqPartnerD +65 62320398hamidul.haq@rajahtann.comPaul NgPartnerD +65 62320429paul.ng@rajahtann.com| Rajah & Tann Asia is a network of legal practices based in Asia. |
Member firms are independently constituted and regulated in accordance with relevant local legal requirements. Services provided by a member firm are governed by the terms of engagement between the member firm and the client. |
This update is solely intended to provide general information and does not provide any advice or create any relationship, whether legally binding or otherwise. Rajah & Tann Asia and its member firms do not accept, and fully disclaim, responsibility for any loss or damage which may result from accessing or relying on this update. |
|
|
